IT’S ALL IN THE FAMILY
Nooryana Najwa is sued for RM10.3 million arrears of income tax from 2011 to 2017.
Najib Razak has been sued for RM1.69 billion in additional taxes.
Nazifuddin Najib was sued for RM37.6 million in tax arrears covering seven years.
Monday, 27 Jul 2020 02:36 PM MYT
BY KENNETH TEE
KUALA LUMPUR, July 27 — The High Court today dismissed Nooryana Najwa Najib’s application for a stay of the Inland Revenue Board (IRB) civil suit against her for RM10.3 million in tax arrears.
High Court judge Faizah Jamaludin denied the application after hearing submissions from both Nooryana’s lawyer Muhammad Farhan Shafee and government lawyer Norhisham Ahmad, Malaysiakini reported.
In her application, the daughter of former prime minister Datuk Seri Najib Razak also sought for the High Court to refer questions about the constitutionality of the Income Tax Act to the Federal Court.
Denying the application, Faizah said she could not allow a stay just because Nooryana was challenging the provision and that it was still legally binding as long as the law has yet to be deemed unconstitutional.
She added that if a stay were to be allowed, it would create a basis for others facing a similar case in the country to get a stay of their hearing, just because they are challenging the provision.
“If I am to allow this at the last hour, on the question of whether Section 106 is against the Constitution, then every single taxpayer in this country will apply for a stay on this ground,” Faizah said.
Faizah then fixed August 8 for both parties to submit additional submissions and August 26 for the summary judgment decision.
A summary judgment is a judgment entered by a court for one party and against another party summarily, which is without a full trial.
Earlier, Nooryana mounted a legal challenge against the constitutionality of a provision under the Income Tax Act.
She claimed Section 106(3) of the Act that prohibited judicial discretion in the IRB’s civil suits, such as the one against her, was unconstitutional.
“The court has got no choice but to give judgment in favour of the plaintiff.
“We are saying that this provision is unconstitutional because it removes the power of the High Court judge, or any judge handling the matter, to make a decision
“In our system, where we have three limbs of democracy — the Parliament, Judiciary and the Executive — the courts should be the ones making the decision. So that is the basis of our challenge,” he said.
PETALING JAYA: The Inland Revenue Board has sued Najib Razak’s daughter, Nooryana Najwa, for payment of RM10.3 million arrears of income tax from 2011 to 2017.
The board claimed that she had not filed her tax returns during those years.
The suit was filed on July 24 at the High Court in Shah Alam. The IRB claimed amounts ranging from RM21,084 to RM6 million as arrears of income tax.
The suit is the second that was filed by the board against Najib’s children. His son, businessman Nazifuddin Najib, was sued for RM37.6 million in tax arrears covering seven years.
Najib has also been sued, with the IRB seeking RM1.69 billion in additional taxes.